Is a Weekly Off Day Counted as Absent if an Employee Misses Days Before and After?

amtgup
Dear Seniors,

Assume on 24/10/2016 there was Sunday (weekly off) as per our factory leave policy. However, one of the employees worked until 23/10/2016 (Saturday), after which he was absent from 24/10/2016 till 27/10/2016. Please clarify whether Sunday (weekly off) will also be marked as absent or not as per the factory act.

Regards,
Amit
Labour Law Index
See, there are two laws in action here:

1) Under the Factory Act, you cannot deduct wages as it is mandatory to provide 1 day of paid holiday in a week.
2) Similarly, under the Shops and Establishment Act, there is also a provision for 1 day of paid holiday in a week. You can refer to https://shopsandestablishmentactsindia.quora.com/ for more information.

Therefore, you cannot deduct what the employee is legally entitled to.
DishuHR
Dear Sir/Madam,

I have one query. If an employee is on leave from Saturday to Monday, would their salary be deducted for three days or not?

Today from India, Faridabad
krantihr84
Dear Sir,

In this case, i.e., 24th to 27th absenteeism, many companies usually have policies that determine Sunday (24th) as the weekly off since the person attended his duties the day before. As a result, the 25th, 26th, and 27th will be considered as absent days. If the individual is absent from Saturday (23rd to 27th), then Sunday will also be counted as an absence day. Therefore, a total of 5 days, 23rd, 24th, 25th, 26th, and 27th, will be considered as absent.

Thank you.
saswatabanerjee
Under the Factory Act, anyone who has worked for 6 days is entitled to a paid holiday on the 7th day (Weekly off). So if he takes leave from Monday, his Sunday cannot be considered as leave or absent. He is entitled to payment for it.

If, however, he is on leave both Saturday and Monday, he is not eligible for payment for the Sunday that falls in between.
suresh-kaushik
As per the Sunday weekly off policy, if an employee is present for 50% of the mandatory hours on Saturday and Monday, they are entitled to benefits on Sunday.
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